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Judge Napolitano: Rush is Right

BEGIN TRANSCRIPT

RUSH: Judge Napolitano was on Fox this morning, America's newsroom. That's the show with Martha MacCallum and Bill Hemmer. And Martha MacCallum did this segment. She had Napolitano on, and she played a clip of me defining judicial activism, as I did on this program yesterday. I said, "Judicial activism does not happen when you follow the law. Judicial activism is when you don't follow the law. Obama is trying to redefine that, too," and after playing a couple of sound bites of me, Martha turned to the judge and said, "Judge, I know you have a lot to say about this."

NAPOLITANO: Nobody could say it quite as directly and poignantly as our good friend and colleague, Rush. When the court rules the way you don't want it to rule, you accuse them of being judicial activists. That's a bit of a snarky definition. What Rush said is true: It is profoundly the job of the court to enforce the Constitution, whether it's popular or not. That's why they are life-tenured, so they don't have to concern themselves with the popularity of their decision. In that respect, Rush is correct, and he's wise to make this comment as poignantly as he made it. In terms of the president saying, "The court must understand," Rush is also right on the mark. The court does not have to listen to the president. He should not be threatening or admonishing them. And if he shows up at their doorstep and tries to talk to them about this case or playing nice-nice to them in public, they should lock the door and not see him! They can socialize with him after they take their summer break.

RUSH: He's responding. You know, I mentioned yesterday I wouldn't be surprised if Obama goes up there to see 'em, and everybody said, "Oh, come on!" Even Snerdley said, "Come on, Rush. You know that's not gonna happen." While this sound bite was airing I was watching Fox and they had a picture of Obama at the court. I don't know when he was there. It's not recent, but he's been there. And it was a picture of him and Kagan and Sotomayor. Now, he's been up there. Well, it might not have been at the court, but the judges were there. I don't know where the picture was taken. I didn't have the sound bite up, obviously, so I shouldn't saying that I know where the president was.

But he talks to them. It's a wild, very remote possibility he would go up there, but I also mentioned: Don't be surprised if it isn't long before little school kids start writing letters to the justices saying, "Please don't take away my mommy's health care, 'cause then you're taking away mine. Don't do it." There's the picture. He's with the chief justice and Kagan. He's been up there. It's not out of the realm. That's Roberts in there. There's another picture. Well, we don't know that that's at the court. It looks like it's at the court. They're all wearing their uniforms, their robes. There he is with Scalia. It's a long shot. All I was saying was I wouldn't be surprised if he takes a trip up there.

END TRANSCRIPT

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